10.A. Action 2019 0107 - Laserfiche WebLink

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File Number: 18-673 Telecommunications Act of 1996, and state law, and believes that it is acting consistent with the current state of the law in ensuring that irreversible development activity does not occur that would harm the public health, safety, or welfare. The City does not intend that this Ordinance prohibit or have the effect of prohibiting the provision of telecommunications service; rather, it includes appropriate regulations to ensure that the installation and encroachment of wireless telecommunications facilities in the public rights-of-way are conducted in such a manner as to lawfully balance the legal rights of applicants under the Federal Telecommunications Act and the California Public Utilities Code while, at the same time, protect to the full extent feasible against the safety and land use concerns described herein; and WHEREAS, adoption of this Ordinance is consistent with the City's General Plan. The City's General Plan provides goals, policies, and implementation measures to preserve high-quality design, scale, unique and historical character, aesthetics, scenic vistas, natural settings and resources, and environmental characteristics while also maintaining a strong, vibrant, and healthy economy for its local businesses, and assuring the health and safety of the predominantly residential character of the community. Adoption of this Ordinance will provide uniform and specific regulations and standards for wireless telecommunications facilities in furtherance of these goals and objectives while reducing the potentially negative impacts; and WHEREAS, pursuant to Section 15001 of the California Environmental Quality Act (CEQA) Guidelines, this ordinance is exempt from CEQA based on the following: (1) This Ordinance is not a project within the meaning of Section 15378 of the State CEQA Guidelines because it has no potential for resulting in physical changes in the environment, directly or ultimately. (2) This Ordinance is categorically exempt from CEQA under Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending the evaluation and adoption of contemplated local legislation, regulation, and policies. (3) This Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. For the reasons set forth in paragraphs (1) and (2), above, it can be seen with certainty that there is no possibility that this ordinance will have a significant effect on the environment; and WHEREAS, based on the foregoing, the City Council finds and determines that the immediate preservation of the public health, safety, and welfare requires that this Ordinance be enacted as an urgency ordinance pursuant to Government Code Section 36937(b), and take effect immediately upon adoption. Therefore, this Ordinance is necessary for the immediate preservation of the public peace, health, safety, and welfare and its urgency is hereby declared. NOW, THEREFORE, the City Council of the City of San Leandro does ORDAIN as follows: Page 4 City of San Leandro Printed on 12/21/2018